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(영문) 대전지방법원 2016.06.16 2015나106675

손해배상(기)

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

Basic Facts

The plaintiff and the defendant agreed to divide the area into the area of the urban gas facility construction in the area of 30 lots located in Daejeon Jung-gu, Daejeon.

On September 23, 2011, the Plaintiff entered into a contract for the construction of urban gas-using facilities with the E and construction cost of KRW 3,500,000, which are the wife of D.

On October 17, 2011, the Defendant paid KRW 750,000 to G, a business employee of F, operated by the Plaintiff, and acquired seven contracts for the construction of urban gas-using facilities concluded by E, including the contract that D is the client.

On March 20, 2013, the defendant visited D's house located in Daejeon Jung-gu H to establish part of the entrance house on the side of Seodaemun-gu.

On April 2013, the Plaintiff entered into a contract for the construction of urban gas-using facilities with D and construction cost of KRW 3,500,000, and then installed underground pipelines and entrance pipes after the collection of D.

Around June 2013, the Defendant visited D's house to remove pipes installed in following parts by the Plaintiff, and completed the construction of urban gas-using facilities at the same location.

On September 30, 2011, the Plaintiff entered into a contract for the construction of urban gas-using facilities with I and the construction cost of KRW 2,500,000.

On January 16, 2013, the defendant concluded a contract with I for the construction of urban gas-using facilities.

On February 2, 2013, the Plaintiff visited the I's house located in the Jung-gu Daejeon DistrictJ to construct underground pipelines and entrance pipes.

around June 2013, the defendant visited I's house to remove pipes constructed by the plaintiff, and completed construction work around August 2013.

[Reasons for recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4, Eul evidence Nos. 6 and Eul evidence Nos. 6 (including each number; hereinafter the same shall apply), the plaintiff's assertion of the purport of pleading as a whole, the defendant has completed construction by intentionally destroying urban gas facilities installed by the plaintiff, and thereby, the construction cost of construction under the contract for the construction of urban gas facilities concluded between D and I is KRW 6,00,000.